90.05
90.05
How partition made. 90.05(1)(1) Every partition of the fence or of the line upon which partition fences are to be built between adjoining owners, made by the owners thereof in writing, signed, sealed and witnessed by two witnesses, or by the fence viewers, in writing under their hands, in the cases and in the manner hereinafter provided, after being recorded in the town clerk's office, shall oblige such owners, their heirs and assigns, so long as such adjoining land on each side respectively shall remain in the same ownership, and after a severance of ownership until a new partition of such fence shall be made, to build and maintain such fence agreeably to said partition. But neither the owner nor the owner's heirs or assigns shall be bound to build or maintain any part of such partition fence during any time when none of such adjoining lands shall be so occupied.
90.05(2)
(2) If a fence is constructed by a subdivider under a town ordinance adopted under
s. 60.23 (19) and the land adjoining the subdivision is not subdivided, the partition under
sub. (1) shall require that an undivided one-half of the fence be maintained by the owner of the adjoining land not subdivided and one-half of the fence divided into equal shares be maintained by all of the owners of the adjoining subdivided land.
90.06
90.06
Removal of fence. When any owner or occupant of land shall build a fence before the location of the boundary line between such land and any land adjoining the same and the location of such line shall establish the fact that said fence is on such adjoining land, the ownership thereof shall be in the person who built it or that person's grantee, devisee or heirs, but such fence shall be removed to the boundary line within 30 days after the location thereof and the service of written notice upon the person who built it or who has acquired that person's rights, by the owner or occupant of the land upon which the fence is situated; such notice shall be served personally or by leaving a copy thereof at the usual place of abode of that person with some member of that person's family of suitable age and discretion who shall be informed of the contents thereof; if the removal is not made within 30 days thereafter the party who served or caused such notice to be served may remove the fence to the boundary line and set it up there and recover the expense of so doing from the other party; provided, that no such fence shall be removed by the party giving the notice during a time when annual crops will be damaged unless by agreement of the owners or occupants of the adjoining lands.
90.06 History
History: 1991 a. 316.
90.07
90.07
Division of partition fence. 90.07(1)
(1) A division of a partition fence, or the line upon which a partition fence between adjoining lands shall be built, may be made by fence viewers in the following cases:
90.07(1)(a)
(a) When a division of a partition fence, or the line upon which a partition fence between adjoining lands shall be built, shall not have been made in the manner prescribed by
s. 90.05, either of the owners of adjoining lands may have the line between that person's land and the adjoining land of any other person divided, and the portion upon which the respective owners shall erect their share of the partition fence assigned, regardless of whether that person's land be enclosed or not and regardless of whether such adjoining land be enclosed or not.
90.07(1)(b)
(b) When any lands belonging to different persons in severalty shall have been occupied in common or without a partition fence between them and one of the occupants shall be desirous to occupy that occupant's part in severalty, and the other shall refuse or neglect, on demand, to divide with the desiring occupant the line where the fence ought to be built or to build a sufficient fence on the part of the line belonging to the other occupant, when divided, the occupant desiring it may have the same divided and the share of each assigned.
90.07(1)(c)
(c) When any controversy shall arise about the right of the respective occupants in partition fences or their obligation to maintain the same, either party may have the line divided and the share of each assigned.
90.07(2)
(2) In either such case application may be made to 2 or more fence viewers of the town where the lands lie or to 2 or more fence viewers of 2 towns, if the lands lie in 2 towns, who, after 8 days' notice in writing to each party to be served as a summons is in a civil action in a court of record or by registered mail with return receipt requested in the case of a party who does not reside in this state, shall, in writing, divide the partition fence or line and assign to each owner or occupant that party's share thereof; and in each of said cases they shall also therein direct the time within which each party shall build or repair, as may be proper, that party's share of the fence, having regard to the season of the year, and shall file such decision in the town clerk's office, who shall record the same. If either party refuses or neglects to build or repair within the time so assigned that party's part of the fence the other may, after having completed his or her own part, build or repair such part and recover the expense thereof as provided in
s. 90.11.
90.07(3)
(3) Whenever practicable, in determining the division of a new line fence, when facing a farm, going around the farm to the right, the first one-half of the line fence belongs to the farm faced.
90.07 History
History: 1991 a. 316.
90.08
90.08
Partition of fences in water. Where a partition fence running into the water is necessary to be made the same shall be done in equal shares unless otherwise agreed by the parties, and in case either party shall refuse or neglect to make or maintain the share belonging to that party similar proceedings shall be had as in case of other fences and with the like effect.
90.08 History
History: 1991 a. 316.
90.09
90.09
Partition when land bounded by water. When the boundary line between enclosed lands of different persons is a river, brook, pond or creek, which of itself is not a sufficient fence, and it is impracticable, without unreasonable expense, for a partition fence to be built on the true boundary line, and either owner or occupant shall refuse to join in making a partition fence on either side thereof, or if they shall disagree respecting the same, either party may apply to two or more fence viewers of the town, who, after giving notice as provided in
s. 90.07, shall proceed to view such river, brook, pond or creek; and if they shall determine that the same is not a sufficient fence and that it is impracticable, without unreasonable expense, to build a fence on the true boundary line they shall, in writing under their hands, determine how or on which side thereof the fence shall be built or whether partly on one side and partly on the other, and assign to each owner or occupant that owner's or occupant's share thereof and the time within which the respective parties shall build the same, and file such determination in the office of the town clerk, who shall record the same. If either party shall refuse or neglect to build that party's part of the fence within the time so assigned the other may, after having completed his or her own part, build such part and recover the expense thereof as hereinafter provided. If said fence viewers shall determine that it is impracticable, either from the formation of the banks of such river, brook, pond or creek or from any other cause, to maintain any fence along or near said boundary line they shall give written notice to the parties of such determination.
90.09 History
History: 1991 a. 316.
90.10
90.10
Compulsory repair of fence. In case any person shall neglect to repair or rebuild any partition fence which by law that person ought to maintain the aggrieved party may complain to two or more fence viewers of the town, who, after giving notice as provided in
s. 90.07, shall examine the same, and if they shall determine such fence is insufficient they shall signify the same to the delinquent party and direct the delinquent party to repair or rebuild the same within such time as they shall deem reasonable. If such fence shall not be repaired or rebuilt within the time so fixed, the complainant may repair or rebuild the same and recover the expense thereof as hereinafter provided.
90.10 History
History: 1991 a. 316.
90.11
90.11
Cost of repairs. 90.11(1)(1) Whenever any owner or occupant shall have built, repaired or rebuilt any fence in pursuance of the preceding sections which the adjoining owner or occupant shall have been lawfully directed by fence viewers to build, repair or rebuild, and have failed to do within the time prescribed, the owner or occupant who built, repaired or rebuilt the fence may call upon any two or more fence viewers of the town, who shall, after having given notice to such adjoining owner or occupant as provided in
s. 90.07, examine such fence and ascertain the expense thereof; and if they shall adjudge such fence sufficient they shall give to such party a certificate under their hands of such decision and of the amount of the expense of such building or repairing, and the fees of the fence viewers who made such order and of their own; and thereupon such party may demand the amount of such ascertained expense, together with such fees, from such adjoining owner or occupant; and in case of neglect and refusal to pay the same for one month after so demanded the amount of such expenses and fees together with interest at the rate of one per cent a month shall constitute a special charge and lien against such adjoining lands and may be recovered in the manner provided in
sub. (2).
90.11(2)
(2) The person to whom such certificate shall be executed and delivered may file the same with the town clerk of the town in which the lands charged with such expense are located. Upon the filing of such certificate such town clerk shall issue a warrant for the amount thereof upon the town treasurer payable to such person. The amount so paid together with interest at the rate of one per cent a month shall be included by the town clerk in the next tax roll as a special charge against such lands and such charge shall be collected by the town treasurer with the other taxes in such town. Any such charge remaining unpaid shall be added to the list of delinquent taxes returned to the county treasurer, who shall collect the same or sell the land as for delinquent taxes; and all proceedings in relation thereto shall be the same in all respects as in the case of land sold for other delinquent taxes. Every county treasurer who shall collect or receive any moneys on account of such delinquent charges shall pay the same to the treasurer of the proper town.
90.11 History
History: 1991 a. 316.
90.12
90.12
Apportionment of cost of fence. When, in any controversy that may arise between occupants of adjoining lands as to their respective rights in any partition fence, it shall appear to the fence viewers that either of the occupants had, before any complaint made to them, voluntarily erected the whole fence, or more than that occupant's just share of the same, or otherwise become proprietor thereof, the other occupant shall pay for so much as may be assigned to him or her to repair or maintain; the just value thereof which the other occupant ought to pay shall be ascertained by proceeding as prescribed in
s. 90.11.
90.12 History
History: 1991 a. 316.
90.13
90.13
Partition fence on newly-enclosed land. When any unenclosed land shall afterwards be enclosed the owner or occupant thereof shall pay for one-half of each partition fence standing upon the line between that owner's or occupant's land and the enclosure of any other owner or occupant, unless such line shall have been theretofore divided, in which case that owner or occupant shall pay the value of the fence on the part of such line so assigned to that owner or occupant; and the value thereof at the time in either case shall be ascertained on the application of either as provided in
s. 90.11, in case the parties do not agree; and if such owner or occupant shall neglect or refuse to pay the same for sixty days after the value has been so ascertained and demand made the proprietor of such fence may recover such value with the fence viewers' fees and costs.
90.13 History
History: 1991 a. 316.
90.14
90.14
Fence on town line. In all cases where the line upon which a partition fence is to be made or to be divided is the boundary line between towns or partly in one town and partly in another a fence viewer shall be taken from each town; and divisions of such fences by them or by agreement of the parties shall be recorded in the office of the clerk of each town.
90.15
90.15
Fees of viewers; neglect of duty. A fence viewer is entitled to the following fees and expenses for services rendered under this chapter: daily employment, mileage, service of notice or process and folios written. The rate of pay for the fees and expenses shall be set by the viewer's city, village or town. The fees and expenses shall be paid equally by the parties to the controversy, and if any of them neglect to pay the same within 30 days after the services are performed, each fence viewer may recover from delinquent parties jointly double the amount of the fees and expenses. A fence viewer who neglects to perform his or her duties shall forfeit $5 and be liable to the injured party for damages. Fence viewers may administer oaths for purposes of this chapter.
90.15 History
History: 1979 c. 221.
90.16
90.16
Record of partition. Every partition of a division fence or line made by fence viewers, signed and recorded as hereinbefore provided, and the record or a certified copy thereof, shall be presumptive evidence of the regularity of all the proceedings prior to the making thereof.
90.20
90.20
Fencing of farm-raised deer. 90.20(1)
(1)
Definitions. In this section:
90.20(1)(b)
(b) "Heavily galvanized" means having a zinc coating weighing 230 grams per square meter or 0.8 ounces per square foot.
90.20(1)(c)
(c) "High tensile" means having a tensile strength of 179,000 to 210,000 pounds per square inch.
90.20(1)(d)
(d) "Medium tensile" means having a tensile strength of 101,000 to 123,000 pounds per square inch.
90.20(2)
(2) Specifications. Any person who keeps farm-raised deer shall keep the farm-raised deer enclosed by a fence that meets all of the following requirements:
90.20(2)(a)
(a) Except for animals of the genus rangifer, the fence is at least 7 feet 10 inches high and is a woven wire fence that satisfies
sub. (3), is a high tensile fence that satisfies
sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity. The top 6 inches of the fence may consist of a single strand of smooth high tensile wire.
90.20(2)(b)
(b) For animals of the genus rangifer, the fence is at least 5 feet high and is a woven wire fence that satisfies
sub. (3), is a high tensile fence that satisfies
sub. (4) or, if made of other materials, is of a design and level of strength that provides equivalent retentive capacity.
90.20(2)(c)
(c) If the fence is made with wood posts, all of the following apply:
90.20(2)(c)2.
2. The tops of the line posts are, if rectangular, at least 3.5 inches in the smallest dimension or, if round, at least 3.5 inches in diameter.
90.20(2)(c)3.
3. The tops of the corner and gate posts are, if rectangular, at least 5.5 inches in the smallest dimension or, if round, at least 5.5 inches in diameter.
90.20(2)(c)4.
4. The wires are held securely to the posts, allowing for free movement of the horizontal line wires, using 9-gauge staples of at least 1.5 inch size.
90.20(2)(d)
(d) If the fence is made with steel or iron posts, the posts are at least 11 feet long or, if the posts are of the type known as T post, the posts are at least 10 feet long.
90.20(2)(e)
(e) The wires are installed on the side of the fence toward the farm-raised deer except at corners.
90.20(3)
(3) Woven wire fence. A woven wire fence satisfies the requirements of this subsection if all of the following apply:
90.20(3)(b)
(b) If the wire is 14 1/2 gauge, the mesh is not larger than 36 square inches.
90.20(3)(c)
(c) If the wire is heavier than 14 1/2 gauge, the mesh is not larger than 48 square inches.
90.20(3)(d)
(d) The posts are not more than 12 feet apart.
90.20(4)
(4) High tensile fence. A high tensile fence satisfies the requirements of this subsection if all of the following apply:
90.20(4)(a)
(a) The horizontal line wires are not less than 2.5 millimeters in size and are heavily galvanized high tensile wire.
90.20(4)(b)
(b) The vertical stay wires are not less than 2.5 millimeters in size and are heavily galvanized medium tensile wire.
90.20(4)(c)
(c) The knot wire is not less than 2.24 millimeters in size and is heavily galvanized mild steel.
90.20(4)(d)
(d) The distance between vertical stay wires is not more than 6 inches.
90.20(4)(e)
(e) The distance between horizontal line wires is not more than 4 inches in the bottom foot of the fence, is not more than 6.5 inches in the next 2 feet of the fence and is not more than 8.5 inches in the rest of the fence.
90.20(4)(f)
(f) The posts are not more than 20 feet apart.
90.20 History
History: 1995 a. 79.
